John Eastman, Henry Salvatori Professor of Law & Community Service at Chapman University School of Law

On April 25, the last oral argument day for the 2011-12 term, the Supreme Court considered the President’s lawsuit against the State of Arizona that seeks to prevent Arizona from directing its law enforcement officials from helping to enforce federal immigration law. The Department of Justice’s theory in the case was somewhat unique – that by his own unilateral non-enforcement policies, the President can preempt state efforts to actually enforce the immigration laws that were adopted by Congress. As Justice Sotomayor noted during oral argument, that contention was “not selling very well.” Indeed, Chief Justice Roberts noted that it seemed “the federal government just doesn’t want to know who is here illegally or not,” and Justice Kennedy added that the Solicitor General appeared to be contending that “the government has a legitimate interest in not enforcing its laws.”

Dr. John C. Eastman is the Henry Salvatori Professor of Law & Community Service at Chapman University School of Law and author of an amicus brief on behalf of several members of Congress that was filed in the above-referenced case. He has also served as the School’s Dean from June 2007 to January 2010, and was a candidate for California Attorney General. Dr. Eastman is the Founding Director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute, and the current Chairman of the Constitutional Jurisprudence Clinic.

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